Contractual joint ventures, sometimes also called as "consortiums", where several participants, without creating a new entity, unite their personal efforts and material resources with a view of achieving a certain common goal, remain a popular organizational form of large-scale international...

Corporate nationality in investment arbitration was and still is an area of much debate. The number of bilateral investment agreements (BIT's) have grown significantly over the past 20 years, including also other international agreements, such as North American Free Trade Agreement (NAFTA) or...

In some countries an IP owner’s attempts to defend or enforce its IP rights in a conventional way may face difficulties, particularly if the country’s judiciary is not able to effectively render justice since it lacks the necessary resources, if the courts are subject to interventions by the...

The nature of the emerging investment treaty system has become central in addressing many open questions in international investment law and policy. The current debate, however, seems to revolve around taking side in the clash between granting maximum protection to foreign investors and...

Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...

International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...

There was nothing preordained about arbitration becoming shorthand for investor-state dispute settlement. The ICSID system was built on the assumption that disputing parties would choose conciliation to settle their disputes. Those expectations went unrealized as arbitration rose to prominence,...

This Encyclopaedia entry concerns balancing tests used by tribunals in investment disputes under international investment arbitration in the determination of whether a host state has complied with its investment protection obligations for foreign investments

Economic experts indicate that the investment prospects in Latin America and the Caribbean are not positive. They attribute the general negative trend in Latin America to a set of factors such as the continued economic recession, falling commodity prices, higher currency volatility, and...

This paper provides risk/reward evaluation and legal analysis of foreign investing under Cuban Law No. 118 (2014). Section I addresses dynamic changes in Cuba since 2008. Section II examines reforms of Cuban foreign investment laws. Section III explores investment options such as import/export,...